[Originating in the Committee on Energy, Industry and
Mining; Reported on March 25, 2017]

A BILL to amend and
reenact §22-3-11, §22-3-13a and §22-3-23 of the Code of West Virginia, 1931, as amended; to amend and reenact §22-6-24 of said code; to
amend and reenact §22-11-7b of said code; to amend and reenact §22A-1-2 and §22A-1-5
of said code; to amend and reenact §22A-2-59
of said code; to amend said code by adding thereto a new section, designated §22A-2A-1001; to amend and reenact §22A-6-3, §22A-6-4
and §22A-6-6 of said code; to amend and
reenact §22A-7-2, §22A-7-3, §22A-7-5,
§22A-7-5a and §22A-7-7 of said code; to amend and reenact §22A-9-1 of said code; to amend and reenact §22A-11-1, §22A-11-2,
§22A-11-3 and §22A-11-4 of said code; to amend said code by adding
thereto a new section, designated §22A-11-5, all relating generally to coal mining, coal mining safety and
environmental protection; providing that moneys be paid from special
reclamation water trust fund to assure a reliable source of capital and
operating expenses for the treatment of discharges from forfeited sites;
modifying notification requirements for preblast surveys for surface mining
operations and certain other blasting activities; removing minimum bond
requirements related to certain reclamation work; providing for changes to the
method of plugging abandoned gas wells where a coal operator intends to mine
through the well; removing certain criteria from evaluation for the narrative
water quality standard; authorizing the elimination of the Board of Miner
Training, Education and Certification, the Mine Inspectors’ Examining Board,
and the Mine Safety Technology Task Force, and the transfer of duties from
those boards and task force to the Board of Coal Mine Health and Safety;
providing that an automated external defibrillator unit be required first-aid
equipment located in certain areas of an underground coal mine; directing that
the Office of Miners’ Health, Safety and Training revise state rules related to
diesel equipment operating in underground mines; and requiring rulemaking.

Be it enacted by the Legislature of West Virginia:

That §22-3-11, §22-3-13a and §22-3-23 of the
Code of West Virginia, 1931, as amended, be amended and reenacted;
that §22-6-24
of said code be amended and reenacted; that §22-11-7b
of said code be amended and reenacted; that §22A-1-2
and §22A-1-5 of said code be amended and reenacted; that §22A-2-59 of said
code be amended and reenacted; that said code be amended by adding thereto a
new section, designated §22A-2A-1001;
that §22A-6-3, §22A-6-4 and §22A-6-6
of said code be amended and reenacted; that
§22A-7-2, §22A-7-3, §22A-7-5, §22A-7-5a and §22A-7-7
of said code be amended and reenacted; that §22A-9-1 of said code be amended and reenacted; that §22A-11-1,
§22A-11-2, §22A-11-3 and §22A-11-4
of said code be amended and reenacted; and that said code be amended by adding
thereto a new section, designated §22A-11-5,
all to read as follows:

CHAPTER 22.
ENVIRONMENTAL RESOURCES.

ARTICLE 3. SURFACE COAL
MINING AND RECLAMATION ACT.

§22-3-11. Bonds; amount
and method of bonding; bonding requirements; special reclamation tax and funds;
prohibited acts; period of bond liability.

(a) After a surface mining
permit application has been approved pursuant to this article, but before a
permit has been issued, each operator shall furnish a penal bond, on a form to
be prescribed and furnished by the secretary, payable to the state of West
Virginia and conditioned upon the operator faithfully performing all of the
requirements of this article and of the permit. The penal amount of the bond shall
be not less than $1,000 nor more than $5,000 for each acre or fraction of an
acre: Provided, That the minimum amount of bond furnished for any type
of reclamation bonding shall be $10,000. The bond shall cover: (1) The entire
permit area; or (2) that increment of land within the permit area upon which
the operator will initiate and conduct surface mining and reclamation
operations within the initial term of the permit. If the operator chooses to
use incremental bonding, as succeeding increments of surface mining and
reclamation operations are to be initiated and conducted within the permit
area, the operator shall file with the secretary an additional bond or bonds to
cover the increments in accordance with this section: Provided, however,
That once the operator has chosen to proceed with bonding either the entire
permit area or with incremental bonding, the operator shall continue bonding in
that manner for the term of the permit.

(b) The period of liability
for bond coverage begins with issuance of a permit and continues for the full
term of the permit plus any additional period necessary to achieve compliance
with the requirements in the reclamation plan of the permit.

(c)(1) The form of the bond
shall be approved by the secretary and may include, at the option of the
operator, surety bonding, collateral bonding (including cash and securities),
establishment of an escrow account, self bonding or a combination of these
methods. If collateral bonding is used, the operator may elect to deposit cash
or collateral securities or certificates as follows: Bonds of the United States
or its possessions of the Federal Land Bank or of the Homeowners’ Loan
Corporation; full faith and credit general obligation bonds of the State of
West Virginia or other states and of any county, district or municipality of
the state of West Virginia or other states; or certificates of deposit in a
bank in this state, which certificates shall be in favor of the department. The
cash deposit or market value of the securities or certificates shall be equal
to or greater than the penal sum of the bond. The secretary shall, upon receipt
of any deposit of cash, securities or certificates, promptly place the same
with the Treasurer of the state of West Virginia whose duty it is to receive
and hold the deposit in the name of the state in trust for the purpose for
which the deposit is made when the permit is issued. The operator making the
deposit is entitled, from time to time, to receive from the State Treasurer,
upon the written approval of the secretary, the whole or any portion of any
cash, securities or certificates so deposited, upon depositing with him or her
in lieu thereof cash or other securities or certificates of the classes
specified in this subsection having value equal to or greater than the sum of
the bond.

(2) The secretary may
approve an alternative bonding system if it will: (A) Reasonably assure that
sufficient funds will be available to complete the reclamation, restoration and
abatement provisions for all permit areas which may be in default at any time;
and (B) provide a substantial economic incentive for the permittee to comply
with all reclamation provisions.

(d) The secretary may
accept the bond of the applicant itself without separate surety when the
applicant demonstrates to the satisfaction of the secretary the existence of a
suitable agent to receive service of process and a history of financial
solvency and continuous operation sufficient for authorization to self insure.

(e) It is unlawful for the
owner of surface or mineral rights to interfere with the present operator in
the discharge of the operator’s obligations to the state for the reclamation of
lands disturbed by the operator.

(f) All bond releases shall
be accomplished in accordance with the provisions of section twenty-three of
this article.

(g)(1) The Special
Reclamation Fund previously created is continued. The Special Reclamation Water
Trust Fund is created within the state treasury into and from which moneys
shall be paid for the purpose of assuring a reliable source of capital to
reclaim and restore water treatment systems on forfeited sitesand operating expenses for the treatment of water
discharges from forfeited sites where
the secretary has obtained or applied for an NPDES permit as of the effective
date of this article. The moneys
accrued in both funds, any interest earned thereon and yield from investments
by the State Treasurer or West Virginia Investment Management Board are
reserved solely and exclusively for the purposes set forth in this section and
section seventeen, article one of this chapter.

(2) The funds shall be administered by the secretary who
is authorized to expend the moneys in both funds for the reclamation and
rehabilitation of lands which were subjected to permitted surface mining operations
and abandoned after August 3, 1977, where the amount of the bond posted and
forfeited on the land is less than the actual cost of reclamation, and where
the land is not eligible for abandoned mine land reclamation funds under
article two of this chapter. The secretary shall develop a long-range
planning process for selection and prioritization of sites to be reclaimed so
as to avoid inordinate short-term obligations of the assets in both funds of
such magnitude that the solvency of either is jeopardized. The secretary may
use both funds for the purpose of designing, constructing and maintaining water
treatment systems when they are required for a complete reclamation of the
affected lands described in this subsection. The secretary may also expend
an amount not to exceed ten percent of the total annual assets in both funds to
implement and administer the provisions of this article and, as they apply to
the Surface Mine Board, articles one and four, chapter twenty-two-b of this
code.

(2)(3)(A) A
tax credit shall be granted against the tax imposed by subsection (i) of this
section to any mine operator who performs reclamation or remediation at a bond
forfeiture site which otherwise would have been reclaimed using funds from the
Special Reclamation Fund or Special Reclamation Water Trust Fund. The credit
authorized pursuant to this subdivision is retroactive and may be claimed for
reclamation or remediation performed on or after January 1, 2012: Provided,
That for reclamation or remediation performed prior to July 13, 2013, no tax
credit may be granted unless a written application for the tax credit was
submitted to the Tax Commissioner prior to September 1, 2014. The amount of
credit shall be determined as provided in this section.

(B) The amount of a
reclamation tax credit granted under this subsection shall be equal to the
amount that the Tax Commissioner determines, based on the project costs, as
shown in the records of the secretary, that would have been spent from the
Special Reclamation Fund or Special Reclamation Water Trust Fund to accomplish
the reclamation or remediation performed by the mine operator, including
expenditures for water treatment.

(C) To claim the credit,
the mine operator shall, from time to time, file with the Tax Commissioner a
written application seeking the amount of the credit earned. Within thirty days
of receipt of the application, the Tax Commissioner shall issue a certification
of the amount of tax credit, if any, to be allocated to the eligible taxpayer.
Should the amount of the credit certified be less than the amount applied for,
the Tax Commissioner shall set forth in writing the reason for the difference.
Should no certification be issued within the thirty-day period, the application
will be deemed certified. Any decision by the Tax Commissioner is appealable
pursuant to the provisions of the West Virginia Tax Procedure and
Administration Act set forth in article ten, chapter eleven of the code.
Applications for certification of the proposed tax credit shall contain the
information and be in the detail and form as required by the Tax Commissioner.

(h) The Tax Commissioner
may promulgate rules for legislative approval pursuant to the provisions of
article three, chapter twenty-nine-a of this code to carry out the purposes of
this subdivision two, subsection (g) of this section.

(i)(1) Rate, deposits and
review.

(A) For tax periods
commencing on and after July 1, 2009, every person conducting coal surface
mining shall remit a special reclamation tax of fourteen and four-tenths cents
per ton of clean coal mined, the proceeds of which shall be allocated by the
secretary for deposit in the Special Reclamation Fund and the Special
Reclamation Water Trust Fund.

(B) For tax periods
commencing on and after July 1, 2012, the rate of tax specified in paragraph
(A) of this subdivision is discontinued and is replaced by the rate of tax
specified in this paragraph. For tax periods commencing on and after July 1,
2012, every person conducting coal surface mining shall remit a special reclamation
tax of twenty-seven and nine-tenths cents per ton of clean coal mined, the
proceeds of which shall be allocated by the secretary for deposit in the
Special Reclamation Fund and the Special Reclamation Water Trust Fund. Of that
amount, fifteen cents per ton of clean coal mined shall be deposited into the
Special Reclamation Water Trust Fund.

(C) The tax shall be levied
upon each ton of clean coal severed or clean coal obtained from refuse pile and
slurry pond recovery or clean coal from other mining methods extracting a
combination of coal and waste material as part of a fuel supply.

(D) Beginning with the tax
period commencing on July 1, 2009, and every two years thereafter, the special
reclamation tax shall be reviewed by the Legislature to determine whether the
tax should be continued: Provided, That the tax may not be reduced until
the Special Reclamation Fund and Special Reclamation Water Trust Fund have
sufficient moneys to meet the reclamation responsibilities of the state
established in this section.

(2) In managing the special
reclamation program, the secretary shall: (A) Pursue cost-effective alternative
water treatment strategies; and (B) conduct formal actuarial studies every two
years and conduct informal reviews annually on the Special Reclamation Fund and
Special Reclamation Water Trust Fund.

(3) Prior to December 31, 2008, the secretary shall:

(A) Determine the feasibility of creating an alternate
program, on a voluntary basis, for financially sound operators by which those
operators pay an increased tax into the Special Reclamation Fund in exchange
for a maximum per-acre bond that is less than the maximum established in
subsection (a) of this section;

(B) Determine the feasibility of creating an incremental
bonding program by which operators can post a reclamation bond for those areas
actually disturbed within a permit area, but for less than all of the proposed
disturbance and obtain incremental release of portions of that bond as
reclamation advances so that the released bond can be applied to approved
future disturbance; and

(C) Determine the feasibility for sites requiring water
reclamation by creating a separate water reclamation security account or bond
for the costs so that the existing reclamation bond in place may be released to
the extent it exceeds the costs of water reclamation.

(4) If the secretary determines that the alternative
program, the incremental bonding program or the water reclamation account or
bonding programs reasonably assure that sufficient funds will be available to
complete the reclamation of a forfeited site and that the Special Reclamation
Fund will remain fiscally stable, the secretary is authorized to propose
legislative rules in accordance with article three, chapter twenty-nine-a of
this code to implement an alternate program, a water reclamation account or
bonding program or other funding mechanisms or a combination thereof.

(j) This special
reclamation tax shall be collected by the Tax Commissioner in the same manner,
at the same time and upon the same tonnage as the minimum severance tax imposed
by article twelve-b, chapter eleven of this code is collected: Provided,
That under no circumstance shall the special reclamation tax be construed to be
an increase in either the minimum severance tax imposed by said article or the
severance tax imposed by article thirteen of said chapter.

(k) Every person liable for
payment of the special reclamation tax shall pay the amount due without notice
or demand for payment.

(l) The Tax Commissioner
shall provide to the secretary a quarterly listing of all persons known to be
delinquent in payment of the special reclamation tax. The secretary may take
the delinquencies into account in making determinations on the issuance,
renewal or revision of any permit.

(m) The Tax Commissioner
shall deposit the moneys collected with the Treasurer of the State of West
Virginia to the credit of the Special Reclamation Fund and Special Reclamation
Water Trust Fund.

(n) At the beginning of
each quarter, the secretary shall advise the Tax Commissioner and the Governor
of the assets, excluding payments, expenditures and liabilities, in both funds.

(o) To the extent that this
section modifies any powers, duties, functions and responsibilities of the
department that may require approval of one or more federal agencies or
officials in order to avoid disruption of the federal-state relationship
involved in the implementation of the federal Surface Mining Control and
Reclamation Act, 30 U. S. C. §1270 by the
state, the modifications will become effective upon the approval of the
modifications by the appropriate federal agency or official.

§22-3-13a. Preblast survey
requirements.

(a) At
least thirty days prior to commencing blasting, as defined in section
twenty-two-a of this article, an operator or an operator’s designee shall make
the following notifications in writing to all owners and occupants of man-made
dwellings or structures that the operator or operator’s designee will perform
preblast surveys in accordance with subsection (f)(e) of this
section:

(1) For surface mining operations that are less than
two hundred acres in a single permitted area or less than three hundred acres
of contiguous or nearly contiguous area of two or more permitted areas the
required notifications shall be to all owners and occupants of man-made
dwellings or structures within five tenths of a mileone-half mileof the permitted area or areas; and

(2) For
all other surface mining operations, the required notifications shall be to all
owners and occupants of man-made dwellings or structures within five tenths of
a mile of the permitted area or areas or seven tenths of a mile of the proposed
blasting site, whichever is greater; and

(3)(2) For blasting associated with
permitted surface disturbance of underground mines and blasting associated
with specified construction, including but not limited to, haul roads, shafts,
and/or drainage structures, the operator may send a written request to the
secretary asking thatthe required
notifications shall be limited to all owners and occupants of
man-made dwellings or structures within five tenths of a mileone-half
mile of the permitted surface area or areasproposed
blasting area.

(b)
Any operator identified in subdivision (2), subsection (a) of this section that
has already completed preblast surveys for man-made dwellings or structures
within five tenths of a mile of the permit area and has commenced operations by
the effective date of this section shall notify in writing all additional
owners and occupants of man-made dwellings or structures within seven tenths of
a mile of the proposed blasting site. Except for those dwellings or structures
for which the operator secures a written waiver or executes an affidavit in
accordance with the requirements of subsection (c) of this section, the
operator or the operator’s designee must perform the additional preblast
surveys in accordance with subsection (f) of this section

(c)(b) An occupant
or owner of a man-made dwelling or
structure within the areas described in subdivision (1) or (2), subsection (a)
of this section may waive the right to a preblast survey in writing. If a
dwelling is occupied by a person other than the owner, both the owner and the
occupant must waive the right to a preblast survey in writing.If an occupant or owner of a man-made dwelling or
structure refuses to allow the operator or the operator’s designee access to
the dwelling or structure and refuses to waive in writing the right to a
preblast survey or to the extent that access to any portion of the structure,
underground water supply or well is impossible or impractical under the
circumstances, the preblast survey shall indicate that access was refused,
impossible or impractical. The operator or the operator’s designee shall
execute a sworn affidavit explaining the reasons and circumstances surrounding
the refusals. The Division of Mining and Reclamationsecretary may
not determine the preblast survey to be incomplete because it indicates that
access to a particular structure, underground water supply or well was refused,
impossible or impractical. The operator shall send copies of all written
waivers and affidavits executed pursuant to this subsection to the Division
of Mining and Reclamationsecretary.

(d)(c) If a preblast survey was waived by the owner and
was within the requisite area and the property was sold, the new owner may
request a preblast survey from the operator.

(e)(d) An owner within the requisite area may request,
from the operator, a preblast survey on structures constructed after the
original preblast survey.

(f)(e) The preblast survey shall include:

(1) The
names, addresses or description of structure location and telephone numbers of
the owner and the residents of the structure being surveyed and the structure
number from the permit blasting map;

(2) The
current home insurer of the owner and the residents of the structure;

(3) The
names, addresses and telephone numbers of the surface mining operator and the
permit number;

(4) The
current general liability insurer of the surface mining operator;

(5) The
name, address and telephone number of the person or firm performing the
preblast survey;

(6) The
current general liability insurer of the person or firm performing the preblast
survey;

(7) The
date of the preblast survey and the date it was mailed or delivered to the Division
of Mining and Reclamationsecretary;

(8) A
general description of the structure and its appurtenances, including, but not
limited to: (A) The number of stories; (B) the construction materials for the
frame and the exterior and interior finish; (C) the type of construction
including any unusual or substandard construction; and (D) the approximate age
of the structure;

(9) A
general description of the survey methods and the direction of progression of
the survey, including a key to abbreviations used;

(10)
Written documentation and drawings, videos or photographs of the preblast
defects and other physical conditions of all structures, appurtenances and
water sources which could be affected by blasting;

(11)
Written documentation and drawings, videos or photographs of the exterior and
interior of the structure to indicate preblast defects and condition;

(12)
Written documentation and drawings, videos or photographs of the exterior and
interior of any appurtenance of the structure to indicate preblast defects and
condition;

(13)
Sufficient exterior and interior photographs or videos, using a variety of angles,
of the structure and its appurtenances to indicate preblast defects and the
condition of the structure and appurtenances;

(14)
Written documentation and drawings, videos or photographs of any unusual or
substandard construction technique and materials used on the structure or its
appurtenances or both structure and appurtenances;

(15)
Written documentation relating to the type of water supply, including a
description of the type of system and treatment being used, an analysis of
untreated water supplies, a water analysis of water supplies other than public
utilities and information relating to the quantity and quality of water;

(16) When
the water supply is a well, written documentation, where available, relating to
the type of well; the well log; the depth, age and type of casing or lining;
the static water level; flow data; the pump capacity; the drilling contractor;
and the source or sources of the documentation;

(17) A
description of any portion of the structure and appurtenances not documented or
photographed and the reasons;

(18) The
signature of the person performing the survey; and

(19) Any
other information required by the secretary which additional information shall
be established by rule in accordance with article three, chapter twenty-nine-a
of this code.

(g)(f)Except for additional
preblast surveys prepared within one hundred twenty days of the effective date
of this section, pursuant to subsection (b) of this section, theThe
preblast survey shall be submitted to the Division of Mining and Reclamationsecretary at least fifteen days prior to the commencement of any production
blasting. The Division of Mining and Reclamationsecretary shall
review each preblast survey as to form and completeness only and notify the
operator of any deficiencies: Provided, That once all required surveys
have been reviewed and accepted by the Division of Mining and Reclamationsecretary, blasting may commence sooner than fifteen days after
submittal. The Division of Mining and Reclamationsecretary shall
provide a copy of the preblast survey to the owner or occupant.

(h) The
surface mining operator shall file notice of the preblast survey or the waiver
in the office of the county clerk of the county commission of the county where
the man-made dwelling or structure is located to notify the public that a
preblast survey has been conducted or waived. The notice shall be on a form
prescribed by the Division of Mining and Reclamation

(i)(g) The secretary shall
propose rules for legislative approval in accordance with article three,
chapter twenty-nine-a of this code dealing with preblast survey requirements
and setting the qualifications for individuals and firms performing preblast
surveys.

(j)(h) The provisions of this
section do not apply to the extraction of minerals by underground mining
methods.

§22-3-23. Release of
bond or deposits; application; notice; duties of secretary; public hearings;
final maps on grade release.

(a) The permittee may file
a request with the secretary for the release of a bond or deposit. The
permittee shall publish an advertisement regarding the request for release in
the same manner as is required of advertisements for permit applications. A copy
of the advertisement shall be submitted to the secretary as part of any bond
release application and shall contain a notification of the precise location of
the land affected, the number of acres, the permit and the date approved, the
amount of the bond filed and the portion sought to be released, the type and
appropriate dates of reclamation work performed and a description of the
results achieved as they relate to the permittee’s approved reclamation plan.
In addition, as part of any bond release application, the permittee shall
submit copies of letters which the permittee has sent to adjoining property
owners, local government bodies, planning agencies, sewage and water treatment
authorities or water companies in the locality in which the surface mining
operation is located, notifying them of the permittee’s intention to seek
release from the bond. Any request for grade release shall also be accompanied
by final maps.

(b) Upon receipt of the
application for bond release, the secretary, within thirty days, taking into
consideration existing weather conditions, shall conduct an inspection and
evaluation of the reclamation work involved. The evaluation shall consider,
among other things, the degree of difficulty to complete any remaining
reclamation, whether pollution of surface and subsurface water is occurring,
the probability of continuance or future occurrence of the pollution and the
estimated cost of abating the pollution. The secretary shall notify the
permittee in writing of his or her decision to release or not to release all or
part of the bond or deposit within sixty days from the date of the initial
publication of the advertisement if no public hearing is requested. If a public
hearing is held, the secretary’s decision shall be issued within thirty days
thereafter.

(c) If the secretary is
satisfied that reclamation covered by the bond or deposit or portion thereof
has been accomplished as required by this article, he or she may release the
bond or deposit, in whole or in part, according to the following schedule:

(1) For all operations
except those with an approved variance from approximate original contour:

(A)(1) When the operator completes the
backfilling, regrading and drainage control of a bonded area in accordance with
the operator’s approved reclamation plan, the release of sixty percent of the
bond or collateral for the applicable bonded area. Provided,
That a minimum bond of $10,000 shall be retained after grade release;

(B) Two years after the
last augmented seeding, fertilizing, irrigation or other work to ensure
compliance with subdivision (19), subsection (b), section thirteen of this
article, the release of an additional twenty-five percent of the bond or
collateral for the applicable bonded area: Provided, That a minimum bond
of $10,000 shall be retained after the release provided for in this
subdivision; and

(2) After revegetation
has been established on the regraded mined lands in accordance with the
approved reclamation plan. When determining the amount of bond to be released
after successful revegetation has been established, the secretary shall retain
that amount of bond for the revegetated area which would be sufficient for a
third party to cover the cost of reestablishing revegetation and for the period
specified for operator responsibility in section thirteen of this article. No
part of the bond or deposit shall be released under this subsection so long as
the lands to which the release would be applicable are contributing suspended
solids to streamflow or runoff outside the permit area in excess of the
requirements set by subdivision (10), subsection (b), section thirteen of this
article or until soil productivity for prime farm lands has returned to
equivalent levels of yield as nonmined land of the same soil type in the
surrounding area under equivalent management practices as determined from the
soil survey performed pursuant to subdivision (15), subsection (a), section
nine of this article. Where a silt dam is to be retained as a permanent
impoundment pursuant to subdivision (8), subsection (b), section thirteen of
this article, the portion of bond may be released under this subdivision so
long as provisions for sound future maintenance by the operator or the
landowner have been made with the secretary.

(C) When the operator
has completed successfully all surface mining and reclamation activities, the
release of the remaining portion of the bond, but not before the expiration of
the period specified in subdivision (20), subsection (b), section thirteen of
this article: Provided, That the revegetation has been established on
the regraded mined lands in accordance with the approved reclamation plan: Provided,
however,

(3) When the operator has completed successfully all
surface coal mining and reclamation activities, the release of the remaining
portion of the bond, but not before the expiration of the period specified for
operator responsibility in section thirteen of this article: Provided,
That no bond shall be fully released until all reclamation requirements of this
article are fully met: Provided, however,That the
release may be made where the quality of the untreated post-mining water
discharged is better than or equal to the premining water quality discharged
from the mining site where expressly authorized by legislative rule promulgated
pursuant to section three, article one of this chapter.

(2) For operations with
an approved variance from approximate original contour:

(A) When the operator
completes the backfilling, regrading and drainage control of a bonded area in
accordance with the operator’s approved reclamation plan, the release of fifty
percent of the bond or collateral for the applicable bonded area: Provided,
That a minimum bond of $10,000 shall be retained after grade release;

(B) Two years after the
last augmented seeding, fertilizing, irrigation or other work to ensure
compliance with subdivision (19), subsection (b), section thirteen of this
article, the release of an additional ten percent of the bond or collateral for
the applicable bonded area: Provided, That a minimum bond of $10,000
shall be retained after the release provided for in this subdivision; and

(C) When the operator
has completed successfully all surface mining and reclamation activities, the
release of the remaining portion of the bond, but not before the expiration of
the period specified in subdivision (20), subsection (b), section thirteen of
this article: Provided, That the revegetation has been established on
the regraded mined lands in accordance with the approved reclamation plan and
if applicable the necessary post-mining infrastructure is established and any
necessary financing is completed: Provided, however, That the release
may be made where the quality of the untreated post-mining water discharged is
better than or equal to the premining water quality discharged from the mining
site where expressly authorized by legislative rule promulgated pursuant to
section three, article one of this chapter.

No part of the bond or
deposit may be released under this subsection so long as the lands to which the
release would be applicable are contributing additional suspended solids to
streamflow or runoff outside the permit area in excess of the requirements set
by section thirteen of this article, or until soil productivity for prime
farmlands has returned to equivalent levels of yield as nonmined land of the
same soil type in the surrounding area under equivalent management practices as
determined from the soil survey performed pursuant to section nine of this article.
Where a sediment dam is to be retained as a permanent impoundment pursuant to
section thirteen of this article, or where a road or minor deviation is to be
retained for sound future maintenance of the operation, the portion of the bond
may be released under this subsection so long as provisions for sound future
maintenance by the operator or the landowner have been made with the secretary.

Notwithstanding the bond
release scheduling provisions of subdivisions (1) and (2) of this subsection,
if the operator completes the backfilling and reclamation in accordance with an
approved post-mining land use plan that has been approved by the Department of
Environmental Protection and accepted by a local or regional economic
development or planning agency for the county or region in which the operation
is located, provisions for sound future maintenance are assured by the local or
regional economic development or planning agency, and the quality of any
untreated post-mining water discharge complies with applicable water quality
criteria for bond release, the secretary may release the entire amount of the
bond or deposit. The secretary shall propose rules for legislative approval in
accordance with the provisions of article three, chapter twenty-nine-a of this
code to govern a bond release pursuant to the terms of this paragraph.

(d) If the secretary
disapproves the application for release of the bond or portion thereof, the
secretary shall notify the permittee, in writing, stating the reasons for
disapproval and recommending corrective actions necessary to secure the release
and notifying the operator of the right to a hearing.

(e) When any application
for total or partial bond release is filed with the secretary, he or she shall
notify the municipality in which a surface-mining operation is located by
registered or certified mail at least thirty days prior to the release of all
or a portion of the bond.

(f) Any person with a valid
legal interest which is or may be adversely affected by release of the bond or
the responsible officer or head of any federal, state or local governmental
agency which has jurisdiction by law or special expertise with respect to any
environmental, social or economic impact involved in the operation, or is
authorized to develop and enforce environmental standards with respect to the
operations, has the right to file written objections to the proposed bond
release and request a hearing with the secretary within thirty days after the
last publication of the permittee’s advertisement. If written objections are
filed and a hearing requested, the secretary shall inform all of the interested
parties of the time and place of the hearing and shall hold a public hearing in
the locality of the surface-mining operation proposed for bond release within three
weeks after the close of the public comment period. The date, time and location
of the public hearing shall also be advertised by the secretary in a newspaper
of general circulation in the same locality.

(g) Without prejudice to
the rights of the objectors, the applicant, or the responsibilities of the
secretary pursuant to this section, the secretary may hold an informal
conference to resolve any written objections and satisfy the hearing
requirements of this section thereby.

(h) For the purpose of the
hearing, the secretary has the authority and is hereby empowered to administer
oaths, subpoena witnesses and written or printed materials, compel the
attendance of witnesses, or production of materials, and take evidence,
including, but not limited to, inspections of the land affected and other
surface-mining operations carried on by the applicant in the general vicinity.
A verbatim record of each public hearing required by this section shall be made
and a transcript made available on the motion of any party or by order of the
secretary at the cost of the person requesting the transcript.

(i) The secretary shall
propose rules for legislative approval during the 2018 regular session of the Legislature
in accordance with the provisions of article three, chapter twenty-nine-a of
the code and revisions to the Legislative Rule entitled West Virginia Surface
Mining Reclamation Rule, Title 38, Series 2 of the West Virginia Code of State
Rules, to implement the revisions to this article made during the 2017
legislative session. The secretary shall specifically consider the adoption of
corresponding federal standards codified at 30 C. F. R. 700 et. seq.

Upon the abandonment or
cessation of the operation of any well drilled for natural gas or petroleum, or
drilled or converted for the introduction of pressure, whether liquid or gas,
or for the introduction of liquid for the purposes provided for in section
twenty-five of this article or for the disposal of pollutants or the effluent
therefrom the well operator, at the time of such abandonment or cessation,
shall fill and plug the well in the following manner:

(a) Where the well does not
penetrate workable coal beds, it shall either be filled with mud, clay or other
nonporous material from the bottom of the well to a point twenty feet above the
top of its lowest oil, gas or water-bearing stratum; or a permanent bridge
shall be anchored thirty feet below its lowest oil, gas or water-bearing
stratum, and from such bridge it shall be filled with mud, clay or other
nonporous material to a point twenty feet above such stratum; at this point
there shall be placed a plug of cement or other suitable material which will
completely seal the hole. Between this sealing plug and a point twenty feet
above the next higher oil, gas or water-bearing stratum, the hole shall be
filled, in the manner just described; and at such point there shall be placed
another plug of cement or other suitable material which will completely seal
the hole. In like manner the hole shall be filled and plugged, with reference
to each of its oil, gas or water-bearing strata. However, whenever such strata
are not widely separated and are free from water, they may be grouped and
treated as a single sand, gas or petroleum horizon, and the aforesaid filling
and plugging be performed as though there were but one horizon. After the
plugging of all oil, gas or water-bearing strata, as aforesaid, a final cement
plug shall be placed approximately ten feet below the bottom of the largest
casing in the well; from this point to the surface the well shall be filled
with mud, clay or other nonporous material, except that a final cement plug
shall be installed from a point one hundred feet below the surface to the
surface. In case any of the oil or gas-bearing strata in a well shall have
been shot, thereby creating cavities which cannot readily be filled in the
manner above described, the well operator shall follow either of the following
methods:

(1) Should the stratum
which has been shot be the lowest one in the well, there shall be placed, at
the nearest suitable point, but not less than twenty feet above the stratum, a
plug of cement or other suitable material which will completely seal the hole.
In the event, however, that the shooting has been done above one or more oil or
gas-bearing strata in the well, plugging in the manner specified shall be done
at the nearest suitable point, but not less than twenty feet below and above
the stratum shot; or

(2) When such cavity shall
be in the lowest oil or gas-bearing stratum in the well, a liner shall be
placed which shall extend from below the stratum to a suitable point, but not
less than twenty feet above the stratum in which shooting has been done. In the
event, however, that the shooting has been done above one or more oil or
gas-bearing strata in the well, the liner shall be so placed that it will
extend not less than twenty feet above, nor less than twenty feet below, the
stratum in which shooting has been done. Following the placing of the liner in
the manner here specified it shall be compactly filled with cement, mud, clay
or other nonporous sealing material.

(b) Where the well
penetrates one or more workable coal beds and a coal protection string of
casing has been circulated and cemented into the surface, the well shall be
filled and securely plugged in the manner provided in subdivision (a) of this
section, except that expanding cement shall be used instead of regular
hydraulic cement, to a point approximately one hundred feet below the bottom of
the coal protection string of casing. From the point the well shall be
plugged according to the provisions in paragraph (1) or (2) below:

(1) A two hundred foot
plug of expanding cement shall be placed in the well. From this point, the
well shall be filled with mud, clay or other nonporous material to a point one
hundred feet below the surface and a plug of cement shall be placed from the
point one hundred feet below the surface to the surface with a monument
installed therein extending thirty inches above ground level.

(2) A one hundred foot plug of expanding cement shall then
be placed in the well so that the top of such plug is located at a point just
below the coal protection string of casing. After such plug has been securely
placed in the well, the coal protection string of casing shall be emptied of
liquid from the surface to a point one hundred feet below the lowest workable
coal bed or to the bottom of the coal protection string of casing, whichever is
shallower. A vent or other device approved by the directorsecretary
shall then be installed on the top of the coal protection string of casing in
such a manner that will prevent liquids and solids from entering the well but
will permit ready access to the full internal diameter of the coal protection
string of casing when required. The coal protection string of casing and the
vent or other device approved by the directorsecretary shall
extend, when finally in place, a distance of not less than thirty inches above
ground level and shall be permanently marked with the well number assigned by
the directorsecretary;

(c) Where the well
penetrates one or more workable coal beds and a coal protection string of
casing has not been circulated and cemented in tointo the
surface, the well shall be filled and securely plugged in the manner provided
in subsection (a) of this section to a point fifty feet below the lowest
workable coal bed. Thereafter, a plug of cement shall be placed in the well at
a point not less than forty feet below the lowest workable coal bed. After the
cement plug has been securely placed in the well, the well shall be filled with
cement to a point twenty feet above the lowest workable coal bed. From this
point the well shall be filled with mud, clay or other nonporous material to a
point forty feet beneath the next overlying workable coal bed, if such there be,
and the well shall then be filled with cement from this point to a point twenty
feet above such workable coal bed, and similarly, in case there are more
overlying workable coal beds. After the filling and plugging of the well to a
point above the highest workable coal bed, filling and plugging of the well
shall continue in the manner provided in subsection (a) of this section to a
point fiftyone hundred feet below the surface, and a plug of
cement shall be installed from the point fiftyone hundred feet
below the surface to the surface with a monument installed therein extending
thirty inches above ground level;

(d)(1) Where the well
penetrates one or more workable coal beds and a coal protection string of
casing has not been circulated and cemented into the surface, a coal operator
or coal seam owner may request that the well be plugged in the manner provided
in subdivision (3) of this subsection rather than by the method provided in
subsection (c) of this section. Such request (forms for which shall be provided
by the directorsecretary) must be filed in writing with the directorsecretary prior to the scheduled plugging of the well, and must include
the number of the well to be plugged and the name and address of the well
operator. At the time such request is filed with the directorsecretary,
a copy of such request must also be mailed by registered or certified mail to
the well operator named in the request.

(2) Upon receipt of such
request, the directorsecretary shall issue an order staying the
plugging of the well and shall promptly determine the cost of plugging the well
in the manner provided in subdivision (3) of this subsection and the cost of
plugging the well in the manner provided in subsection (c) of this section. In
making such determination, the directorsecretary shall take into
consideration any agreement previously made between the well operator and the
coal operator or coal seam owner making the request. If the directorsecretary
determines that the cost of plugging the well in the manner provided in
subsection (c) of this section exceeds the cost of plugging the well in the
manner provided in subdivision (3) of this subsection, the directorsecretary
shall grant the request of the coal operator or owner and shall issue an order
requiring the well operator to plug the well in the manner provided in
subdivision (3) of this subsection. If the directorsecretary determines
that the cost of plugging the well in the manner provided in subsection (c) of
this section is less than the cost of plugging the well in the manner provided
in subdivision (3) of this subsection, the directorsecretary shall
request payment into escrow of the difference between the determined costs by
the coal operator or coal seam owner making the request. Upon receipt of
satisfactory notice of such payment, or upon receipt of notice that the well
operator has waived such payment, the directorsecretary shall
grant the request of the coal operator or coal seam owner and shall issue an order
requiring the well operator to plug the well in the manner provided in
subdivision (3) of this subsection. If satisfactory notice of payment into
escrow, or notice that the well operator has waived such payment, is not
received by the directorsecretary within fifteen days after the
request for payment into escrow, the directorsecretary shall
issue an order permitting the plugging of the well in the manner provided in
subsection (c) of this section. Copies of all orders issued by the directorsecretary shall be sent by registered or certified mail to the coal
operator or coal seam owner making the request and to the well operator. When
the escrow agent has received certification from the directorsecretary
of the satisfactory completion of the plugging work and the reimbursable extra
cost thereof (that is, the difference between the director’ssecretary’s
determination of plugging cost in the manner provided in subsection (c) of this
section and the well operator’s actual plugging cost in the manner provided in
subdivision (3) of this subsection), the escrow agent shall pay the
reimbursable sum to the well operator or the well operator’s nominee from the
payment into escrow to the extent available. The amount by which the payment
into escrow exceeds the reimbursable sum plus the escrow agent’s fee, if any,
shall be repaid to the coal owner. If the amount paid to the well operator or
the well operator’s nominee is less than the actual reimbursable sum, the
escrow agent shall inform the coal owner, who shall pay the deficiency to the
well operator or the well operator’s nominee within thirty days. If the coal
operator breaches this duty to pay the deficiency, the well operator shall have
a right of action and be entitled to recover damages as if for wrongful
conversion of personality, and reasonable attorney fees.

(3) Where a request of a
coal operator or coal seam owner filed pursuant to subdivision (1) of this
subsection has been granted by the director secretary, the well
shall be plugged in the manner provided in subsection (a) of this section,
except that expanding cement shall be used instead of regular hydraulic cement,
to a point approximately two hundred feet below the lowest workable coal bed. A
one hundred foot plug of expanding cement shall then be placed in the well
beginning at the point approximately two hundred feet below the lowest workable
coal bed and extending to a point approximately one hundred feet below the
lowest workable coal bed. A string of casing with an outside diameter no less
than four and one-half inches shall then be run into the well to a point
approximately one hundred feet below the lowest workable coal bed and such
string of casing shall be circulated and cemented in tointo the
surface. The casing shall then be emptied of liquid from a point approximately
one hundred feet below the lowest workable coal bed to the surface, and a vent
or other device approved by the director secretary shall be
installed on the top of the string of casing in such a manner that it will
prevent liquids and solids from entering the well but will permit ready access
to the full internal diameter of the coal protection string of casing when
required. The string of casing and the vent or other device approved by the directorsecretary shall extend, when finally in place, a distance of no less
than thirty inches above ground level and shall be permanently marked with the
well number assigned by the director secretary. Notwithstanding
the foregoing provisions of this subdivision, if under particular circumstances
a different method of plugging is required to obtain the approval of another
governmental agency for the safe mining through of said well, the directorsecretary may approve such different method of plugging if the
directorhe or she finds the same to be as safe for mining through
and otherwise adequate to prevent gas or other fluid migration from the oil and
gas reservoirs as the method above specified.

(e) Notwithstanding
anything in this section to the contrary, where the well to be plugged is an
abandoned well that has no known responsible party and the well operator is
also a coal operator that intends to mine through the well, the well shall, at
a minimum, be plugged as provided in subdivisions (1) and (2) of this
subsection.

(1) The well will be
cleaned out and prepared for plugging or replugging as follows:

(A) If the total depth
of the well is less than four thousand feet, the operator shall completely
clean out the well from the surface to at least two hundred feet below the base
of the lowest workable coal bed, but the secretary may require cleaning to a
greater depth due to excessive pressure within the well. If the total depth of
the well is four thousand feet or greater, the operator shall completely clean
out the well from the surface to at least four hundred feet below the base of
the lowest workable coal bed. The operator shall provide to the secretary all
information it possesses concerning the geological nature of the strata and the
pressure of the well, and shall remove all material from the entire diameter of
the well, wall to wall;

(B) The operator shall
prepare down-hole logs for each well. The logs shall consist of a caliper
survey and log(s) suitable for determining the top, bottom, and thickness of
all coal seams and potential hydrocarbon-producing strata, as well as the
location for a bridge plug. The secretary may approve the use of a down-hole
camera survey in lieu of down-hole logs. In addition, the owner shall maintain
a journal that describes the depth of each material encountered; the nature of
each material encountered; the bit size and type used to drill each portion of
the hole; the length and type of each material used to plug the well; the
length of casing(s) removed, perforated or ripped, or left in place; any
sections where casing was cut or milled; and any other pertinent information
concerning cleaning and sealing the well. The operator shall maintain all invoices,
work orders, and other records relating to all work on the well as part of the
journal and provide to the secretary upon request;

(C) When cleaning, the
operator shall make a diligent effort to remove all the casing in the well. If
it is not possible to remove all the casing, then the operator shall take
appropriate steps to ensure that the annulus between the casing and between the
casings and the well walls are filled with expanding cement, with a minimum
five tenths of one percent expansion upon setting, and contain no voids. If the
casing cannot be removed, it must be cut or milled at all workable coal bed
levels. Any casing which remains shall be perforated or ripped. If the total
depth of the well is less than four thousand feet, perforations or rips are required
every fifty feet from two hundred feet below the base of the lowest mineable
coal bed up to one hundred feet above the uppermost workable coal bed. If the
total depth of the well is four thousand feet or greater, perforations or rips
are required every fifty feet from four hundred feet below the base of the
lowest workable coal bed up to one hundred feet above the uppermost workable
coal bed. If the operator, using a casing bond log, demonstrates to the
satisfaction of the secretary that all annuli in the well are already
adequately sealed with cement, then the operator shall not be required to
perforate or rip the casing. When multiple casing and tubing strings are
present in the workable coal bed, any casing which remains shall be ripped or
perforated and filled with expanding cement in accordance with this paragraph.
The operator shall maintain a casing bond log for each casing and tubing string
if used in lieu of ripping or perforating multiple strings;

(D) If the secretary
concludes that the completely cleaned well emits excessive amounts of gas, the
operator must place a mechanical bridge plug in the well. If the total depth of
the well is less than four thousand feet, the mechanical bridge plug shall be
placed in a competent stratum at least two hundred feet below the base of the
lowest workable coal bed, but above the top of the uppermost
hydrocarbon-producing stratum. If the total depth of the well is four thousand
feet or greater, the mechanical bridge plug shall be placed in a competent stratum
at least four hundred feet below the base of the lowest mineable coal bed, but
above the top of the uppermost hydrocarbon-producing stratum: Provided, That
the secretary may require a greater distance to set the mechanical bridge plug,
regardless of the total depth of the well, based upon excessive pressure within
the well. The operator shall provide the secretary with all information the
operator possesses concerning the geologic nature of the strata and pressure of
the well. If it is not possible to set a mechanical bridge plug, an
appropriately sized packer may be used; and

(E) If the upper-most
hydrocarbon-producing stratum is within three hundred feet of the base of the
lowest workable coal bed, the operator shall properly place mechanical bridge plugs
as described in paragraph (D) of this subdivision to isolate the
hydrocarbon-producing stratum from the expanding cement plug. Nevertheless, if
the total depth of the well is less than four thousand feet, the operator shall
place a minimum of two hundred feet of expanding cement below the lowest
workable coal bed. If the total depth of the well is four thousand feet or
greater, the operator shall place a minimum of four hundred feet of expanding
cement below the lowest mineable coal bed: Provided, That the secretary may
require a greater distance to set the mechanical bridge plug, regardless of the
total depth of the well, based upon excessive pressure within the well.

(2) After the well is
completely cleaned pursuant to subdivision one of this subsection, the operator
shall plug or replug the well to the surface as follows:

If the total depth of
the well is less than four thousand feet, the operator shall pump expanding
cement slurry down the well to form a plug which runs from at least two hundred
feet below the base of the lowest workable coal bed to the surface. If the
total depth of the well is four thousand feet or greater, the operator shall
pump expanding cement slurry down the well to form a plug which runs from at
least four hundred feet below the base of the lowest workable coal bed to the
surface: Provided, That the secretary may, regardless of the total depth
of the well, require a lower depth based upon excessive pressure within the
well. The expanding cement slurry will be placed in the well under a pressure
of at least two hundred pounds per square inch. Portland cement shall be used
to fill the area from one hundred feet above the top of the uppermost workable coal
seam to the surface: Provided, That the secretary may require a higher
distance based upon excessive pressure within the well;

(e)(f) Any person may apply to the secretary for an
order to clean out and replug a previously plugged well in a manner which will
permit the safe mining through of such well. Such application shall be filed
with the secretary and shall contain the well number, a general description of
the well location, the name and address of the owner of the surface land upon
which the well is located, a copy of or record reference to a deed, lease or
other document which entitles the applicant to enter upon the surface land, a
description of the methods by which the well was previously plugged, and a
description of the method by which such applicant proposes to clean out and
replug the well. At the time an application is filed with the secretary, a copy
shall be mailed by registered or certified mail to the owner or owners of the
land, and the oil and gas lessee of record, if any, of the site upon which the
well is located. If no objection to the replugging of the well is filed by any
such landowner or oil and gas lessee within thirty days after the filing of the
application, and if the secretary determines that the method proposed for
replugging the well will permit the safe mining through of such well, the secretary
shall grant the application by an order authorizing the replugging of the well.
Such order shall specify the method by which the well shall be replugged, and
copies thereof shall be mailed by certified or registered mail to the applicant
and to the owner or owners of the land, and the oil and gas lessee, if any, of
the site upon which such well is located. If any such landowner or oil and gas
lessee objects to the replugging of the well, the director secretary
shall notify the applicant of such objection. Thereafter, the director shall
schedule a hearing to consider the objection, which hearing shall be held after
notice by registered or certified mail to the objectors and the applicant.
After consideration of the evidence presented at the hearing, the secretary
shall issue an order authorizing the replugging of the well if the secretary
determines that replugging of the well will permit the safe mining through of
such well. Such order shall specify the manner in which the well shall be
replugged and copies thereof shall be sent by registered or certified mail to
the applicant and objectors. The secretary shall issue an order
rejecting the application if the secretary determines that the proposed method
for replugging the well will not permit the safe mining through of such well;

(f)(g) All persons adversely affected, by a
determination or order of the directorsecretary issued pursuant
to the provisions of this section shall be entitled to judicial review in
accordance with the provisions of articles five and six, chapter twenty-nine-a
of this code.

ARTICLE 11. WATER POLLUTION CONTROL ACT.

§22-11-7b. Water quality standards; implementation of
antidegradation procedures; procedure to determine compliance with the biologic
component of the narrative water quality standard.

(a) All authority to promulgate rules and implement water
quality standards is vested in the Secretary of the Department of Environmental
Protection.

(b) All meetings with the
secretary or any employee of the department and any interested party which are
convened for the purpose of making a decision or deliberating toward a decision
as to the form and substance of the rule governing water quality standards or
variances thereto shall be held in accordance with the provisions of article
nine-a, chapter six of this code. When the secretary is considering the form
and substance of the rules governing water quality standards, the following are
not meetings pursuant to article nine-a, chapter six of this code: (i)
Consultations between the department’s employees or its consultants,
contractors or agents; (ii) consultations with other state or federal agencies
and the department’s employees or its consultants, contractors or agents; or
(iii) consultations between the secretary, the department’s employees or its
consultants, contractors or agents with any interested party for the purpose of
collecting facts and explaining state and federal requirements relating to a
site specific change or variance.

(c) In order to carry
out the purposes of this chapter, the secretary shall promulgate legislative
rules in accordance with the provisions of article three, chapter twenty-nine-a
of this code setting standards of water quality applicable to both the surface
waters and groundwaters of this state. Standards of quality with respect to
surface waters shall protect the public health and welfare, wildlife, fish and
aquatic life and the present and prospective future uses of the water for
domestic, agricultural, industrial, recreational, scenic and other legitimate
beneficial uses thereof. The water quality standards of the secretary may not
specify the design of equipment, type of construction or particular method
which a person shall use to reduce the discharge of a pollutant.

(d) The secretary
shall establish the antidegradation implementation procedures as required by 40
C. F. R. 131.12(a) which apply to regulated activities that have the potential
to affect water quality. The secretary shall propose for legislative approval,
pursuant to article three, chapter twenty-nine-a of the code, legislative rules
to establish implementation procedures which include specifics of the review
depending upon the existing uses of the water body segment that would be
affected, the level of protection or “tier” assigned to the applicable water
body segment, the nature of the activity and the extent to which existing water
quality would be degraded. Any final classification determination of a water as
a Tier 2.5 water (Water of Special Concern) does not become effective until
that determination is approved by the Legislature through the legislative
rule-making process as provided in article three, chapter twenty-nine-a of the
code.

(e) All remining
variances shall be applied for and considered by the secretary and any variance
granted shall be consistent with 33 U. S. C. Section 1311(p) of the Federal
Water Control Act. At a minimum, when considering an application for a remining
variance the secretary shall consider the data and information submitted by the
applicant for the variance; and comments received at a public comment period
and public hearing. The secretary may not grant a variance without requiring
the applicant to improve the instream water quality as much as is reasonably
possible by applying best available technology economically achievable using
best professional judgment. Any such requirement will be included as a permit
condition. The secretary may not grant a variance without a demonstration by
the applicant that the coal remining operation will result in the potential for
improved instream water quality as a result of the remining operation. The
secretary may not grant a variance where he or she determines that degradation
of the instream water quality will result from the remining operation.

(f) The secretary
shall propose rules measuring compliance with the biologic aquatic
life component of West Virginia’s narrative water quality standard requires
evaluation of the holistic health of the aquatic ecosystem and a determination
that the stream: (i) Supports a balanced aquatic community that is diverse
in species composition; (ii) (i) contains appropriate trophic levels
of fish, in streams that have flows sufficient to support fish populations; and
(iii) (ii) the aquatic community is composed of benthic
invertebrate assemblages sufficient to perform the biological functions
necessary to support fish communities within the assessed reach, or, if the
assessed reach has insufficient flows to support a fish community, in those
downstream reaches where fish are present. The secretary shall propose rules
for legislative approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code that implement the provisions of this subsection.
Rules promulgated pursuant to this subsection may not establish measurements
for biologic components of West Virginia’s narrative water quality standards
that would establish standards less protective than requirementslegislatively-approved
rules that existexisted at the time of enactment of the
amendments to this subsection by the Legislature during the 2012 regular
session.

Unless the context in which
used clearly requires a different meaning, the following definitions apply to
this chapter:

(a) General. —

(1) Accident: The term “accident”
means any mine explosion, mine ignition, mine fire, or mine inundation, or
injury to, or death of any person.

(2) Agent: The term “agent”
means any person charged with responsibility for the operation of all or a part
of a mine or the supervision of the miners in a mine.

(3) Approved: The term “approved”
means in strict compliance with mining law, or, in the absence of law, accepted
by a recognized standardizing body or organization whose approval is generally
recognized as authoritative on the subject.

(4) Face equipment: The
term “face equipment” means mobile or portable mining machinery having electric
motors or accessory equipment normally installed or operated inby the last open
crosscut in an entry or room.

(5) Imminent danger: The
term “imminent danger” means the existence of any condition or practice in a
coal mine which could reasonably be expected to cause death or serious physical
harm before such condition or practice can be abated.

(6) Mine: The term “mine”
includes the shafts, slopes, drifts or inclines connected with, or intended in
the future to be connected with, excavations penetrating coal seams or strata,
which excavations are ventilated by one general air current or divisions
thereof, and connected by one general system of mine haulage over which coal
may be delivered to one or more points outside the mine, and the surface
structures or equipment connected or associated therewith which contribute
directly or indirectly to the mining, preparation or handling of coal, or
construction thereof.

(7) Miner: The term “miner”
means any individual working in a coal mine.

(8) Operator: The term “operator”
means any firm, corporation, partnership or individual operating any coal mine,
or part thereof, or engaged in the construction of any facility associated with
a coal mine.

(9) Permissible: The term “permissible”
means any equipment, device or explosive that has been approved as permissible
by the Federal Mine Safety and Health administration and/or the United States
Bureau of Mines and meets all requirements, restrictions, exceptions,
limitations and conditions attached to such classification by that agency or
the bureau.

(10) Person: The term “person”
means any individual, partnership, association, corporation, firm, subsidiary
of a corporation or other organization.

(11) Work of preparing the
coal: The term “work of preparing the coal” means the breaking, crushing,
sizing, cleaning, washing, drying, mixing, storing and loading of bituminous
coal or lignite and such other work of preparing such coal as is usually done
by the operator of the coal mine.

(b) Office of Miners’
Health, Safety and Training. —

(1) Board of appeals: The
term “board of appeals” means as provided for in article five of this chapter.

(2) Director: The term “director”
means the Director of the Office of Miners’ Health, Safety and Training
provided for in section three of this article.

(3) Mine inspector: The
term “mine inspector” means a state mine inspector provided for in section
eight of this article.

(5)(4) Office: The term “office” means, when
referring to a specific office, the Office of Miners’ Health, Safety and
Training provided for in this article. The term “office”, when used
generically, includes any office, board, agency, unit, organizational entity or
component thereof.

(c) Mine areas. —

(1) Abandoned workings: The
term “abandoned workings” means excavation, either caved or sealed, that is
deserted and in which further mining is not intended, or open workings which
are ventilated and not inspected regularly.

(2) Active workings: The
term “active workings” means all places in a mine that are ventilated and
inspected regularly.

(3) Drift: The term “drift”
means a horizontal or approximately horizontal opening through the strata or in
a coal seam and used for the same purposes as a shaft.

(4) Excavations and
workings: The term “excavations and workings” means any or all parts of a mine
excavated or being excavated, including shafts, slopes, drifts, tunnels,
entries, rooms and working places, whether abandoned or in use.

(5) Inactive workings: The
term “inactive workings” includes all portions of a mine in which operations
have been suspended for an indefinite period, but have not been abandoned.

(6) Mechanical working
section: The term “mechanical working section” means an area of a mine: (A) In
which coal is loaded mechanically; (B) which is comprised of a number of
working places that are generally contiguous; and (C) which is of such size to
permit necessary supervision during shift operation, including pre-shift and
on-shift examinations and tests required by law.

(7) Panel: The term “panel”
means workings that are or have been developed off of submain entries which do
not exceed three thousand feet in length.

(8) Return air: The term “return
air” means a volume of air that has passed through and ventilated all the
working places in a mine section.

(9) Shaft: The term “shaft”
means a vertical opening through the strata that is or may be used for the
purpose of ventilation, drainage, and the hoisting and transportation of
individuals and material, in connection with the mining of coal.

(10) Slope: The term “slope”
means a plane or incline roadway, usually driven to a coal seam from the
surface and used for the same purposes as a shaft.

(11) Working face: The term
“working face” means any place in a coal mine in which work of extracting coal
from its natural deposit in the earth is performed during the mining cycle.

(12) Working place: The
term “working place” means the area of a coal mine inby the last open crosscut.

(13) Working section: The
term “working section” means all areas of the coal mine from the loading point
of the section to and including the working faces.

(14) Working unit: The term
“working unit” means an area of a mine in which coal is mined with a set of
production equipment; a conventional mining unit by a single loading machine; a
continuous mining unit by a single continuous mining machine, which is
comprised of a number of working places.

(d) Mine personnel. —

(1) Assistant mine foreman:
The term “assistant mine foreman” means a certified person designated to assist
the mine foreman in the supervision of a portion or the whole of a mine or of
the persons employed therein.

(2) Certified electrician:
The term “certified electrician” means any person who is qualified as a mine
electrician and who has passed an examination given by the office, or has at
least three years of experience in performing electrical work underground in a
coal mine, in the surface work areas of an underground coal mine, in a surface
coal mine, in a noncoal mine, in the mine equipment manufacturing industry or
in any other industry using or manufacturing similar equipment, and has
satisfactorily completed a coal mine electrical training program approved by
the office or any person who is qualified as a mine electrician in any state
that recognizes certified electricians licensed in West Virginia.

(3) Certified person: The
term “certified person”, when used to designate the kind of person to whom the
performance of a duty in connection with the operation of a mine shall be
assigned, means a person who is qualified under the provisions of this law to
perform such duty.

(4) Interested persons: The
term “interested persons” includes the operator, members of any mine safety
committee at the mine affected and other duly authorized representatives of the
mine workers and the office.

(5) Mine foreman: The term “mine
foreman” means the certified person whom the operator or superintendent shall
place in charge of the inside workings of the mine and of the persons employed
therein.

(6) Qualified person: The
term “qualified person” means a person who has completed an examination and is
considered qualified on record by the office.

(7) Shot firer: The term “shot
firer” means any person having had at least two years of practical experience
in coal mines, who has a knowledge of ventilation, mine roof and timbering, and
who has demonstrated his or her knowledge of mine gases, the use of a flame
safety lamp, and other approved detecting devices by examination and
certification given him or her by the office.

(8) Superintendent: The
term “superintendent” means the person who has, on behalf of the operator,
immediate supervision of one or more mines.

(9) Supervisor: The term “supervisor”
means a superintendent, mine foreman, assistant mine foreman or any person
specifically designated by the superintendent or mine foreman to supervise work
or employees and who is acting pursuant to such specific designation and
instructions.

(e) Electrical. —

(1) Armored cable: The term
“armored cable” means a cable provided with a wrapping of metal, usually steel
wires or tapes, primarily for the purpose of mechanical protection.

(2) Borehole cable: The
term “borehole cable” means a cable designed for vertical suspension in a
borehole or shaft and used for power circuits in the mine.

(3) Branch circuit: The
term “branch circuit” means any circuit, alternating current or direct current,
connected to and leading from the main power lines.

(4) Cable: The term “cable”
means a standard conductor (single conductor cable) or a combination of
conductors insulated from one another (multiple conductor cable).

(5) Circuit breaker: The
term “circuit breaker” means a device for interrupting a circuit between
separable contacts under normal or abnormal conditions.

(6) Delta connected: The
term “delta connected” means a power system in which the windings or
transformers or a.c. generators are connected to form a triangular phase
relationship, and with phase conductors connected to each point of the
triangle.

(7) Effectively grounded:
The term “effectively grounded” is an expression which means grounded through a
grounding connection of sufficiently low impedance (inherent or intentionally
added or both) so that fault grounds which may occur cannot build up voltages
in excess of limits established for apparatus, circuits or systems so grounded.

(8) Flame-resistant cable,
portable: The term “flame-resistant cable, portable” means a portable
flame-resistant cable that has passed the flame tests of the federal mine
safety and health administration.

(9) Ground or grounding
conductor (mining): The term “ground or grounding conductor (mining)”, also
referred to as a safety ground conductor, safety ground and frame ground, means
a metallic conductor used to connect the metal frame or enclosure of any
equipment, device or wiring system with a mine track or other effective
grounding medium.

(10) Grounded (earthed):
The term “grounded (earthed)” means that the system, circuit or apparatus
referred to is provided with a ground.

(11) High voltage: The term
“high voltage” means voltages of more than one thousand volts.

(12) Lightning arrestor:
The term “lightning arrestor” means a protective device for limiting surge
voltage on equipment by discharging or by passing surge current; it prevents
continued flow of follow current to ground and is capable of repeating these
functions as specified.

(13) Low voltage: The term “low
voltage” means up to and including six hundred sixty volts.

(14) Medium voltage: The
term “medium voltage” means voltages from six hundred sixty-one to one thousand
volts.

(15) Mine power center or
distribution center: The term “mine power center or distribution center” means
a combined transformer or distribution unit, complete within a metal enclosure
from which one or more low-voltage power circuits are taken.

(16) Neutral (derived): The
term “neutral (derived)” means a neutral point or connection established by the
addition of a “zig-zag” or grounding transformer to a normally underground
power system.

(17) Neutral point: The
term “neutral point” means the connection point of transformer or generator
windings from which the voltage to ground is nominally zero, and is the point
generally used for system groundings in wye-connected a.c. power system.

(18) Portable (trailing)
cable: The term “portable (trailing) cable” means a flexible cable or cord used
for connecting mobile, portable or stationary equipment in mines to a trolley
system or other external source of electric energy where permanent mine wiring
is prohibited or is impracticable.

(19) Wye-connected: The
term “wye-connected” means a power system connection in which one end of each
phase windings or transformers or a.c. generators are connected together to form
a neutral point, and a neutral conductor may or may not be connected to the
neutral point, and the neutral point may or may not be grounded.

§22A-1-5. Offices
continued in the Office of Miners’ Health, Safety and Training.

(a) There are hereby
continued in the Office of Miners’ Health, Safety and Training the following
offices:

(1) The Board of Coal Mine
Health and Safety established pursuant to article six of this chapter;

(2) The Coal Mine Safety
and Technical Review Committee established pursuant to article six of this
chapter; and

(3) The Board of Miner
Training, Education and Certification established pursuant to article seven of
this chapter;

(4) The Mine Inspectors’
Examining Board established pursuant to article nine of this chapter; and

(5) (3) The
Board of Appeals provided for pursuant to the provisions of article five of
this chapter.

(b) Nothing in this article
may authorize the director or the secretary of the Department of Commerce,
Labor and Environmental resources to alter, discontinue or abolish any office,
board or commission or the functions thereof, which are established by status.

Article 2. Underground Mines.

§22A-2-59. First-aid equipment.

(a) Each operator of an underground coal mine shall
maintain a supply of first-aid equipment at each of the following locations:

(1) At the mine dispatcher’s office and on the surface in
close proximity to the mine entry.

(2) At the bottom of each regularly traveled slope or
shaft; however, where the bottom of such slope or shaft is not more than one
thousand feet from the surface, such first-aid supplies may be maintained on
the surface at the entrance of the mine.

(3) At a point in each working section not more than five
hundred feet outby the active working face or faces.

(b) The first-aid equipment required to be maintained shall
include at least the following:

(1) One stretcher.

(2) One broken-back board.

(3) Twenty-four triangular bandages.

(4) Eight four-inch bandage compresses.

(5) Sixteen two-inch bandage compresses.

(6) Twelve one-inch adhesive compresses.

(7) One foille.

(8) Two cloth blankets.

(9) One rubber blanket.

(10) Two tourniquets.

(11) One one-ounce bottle of aromatic spirits of ammonia.

(12) Two inflatable plastic arm splints.

(13) Two inflatable plastic leg splints.

(14) Six small splints, metal or wooden.

(15) Two cold packs.

(16) One automated external defibrillator (AED) unit.

(c) All first-aid supplies required to be maintained under
the section shall be stored in suitable sanitary, dust-tight, moisture-proof
containers and such supplies shall be accessible to the miners.

(d) No first-aid material shall be removed or diverted
without authorization, except in case of accident in or about the mine.

(e) On all occasions when a person becomes sick or injured
underground to the extent that he or she must go to the surface, he or she
shall be accompanied by one or more persons.

ARTICLE 2A. USE OF DIESEL-POWERED EQUIPMENT IN
UNDERGROUND COAL MINES.

Part X. Existing Rules to be Revised.

§22A-2A-1001. Existing state rules to be revised.

(a) By
August 31, 2017, the director shall revise state rules promulgated pursuant to
the authority of this chapter as follows:

(1) to
reflect the abolishment of the West Virginia Diesel Equipment Commission and
transfer of duties and responsibilities to the director, pursuant to section
301 of this article;

(2) to
reflect that a mine operator shall be permitted to replace a filter or catalyst
of the same make and model without contacting the Office of Miners’ Health,
Safety and Training;

(4) to
permit a mine operator to dispose of used intake air filters, exhaust diesel
particulate matter filters and engine oil filters in their original containers
or other suitable enclosed containers and to remove them from the underground
mine to the surface no less than once in a twenty-four hour period;

(5) to
require that records of emissions tests, 200-hour maintenance tests and repairs
shall be countersigned once each week by the certified mine electrician or mine
foreman, that scheduled maintenance and an independent analysis of engine oil occur
at two hundred hours of engine operation, and that diagnostic testing of engine
operation occur at two hundred hours;

(6) to
remove the requirement that a portable carbon monoxide (CO) sampling device be
installed into the untreated exhaust gas coupling provided in the operator’s
cab;

(7) to
modify the time and duration for which the CO sampler must be started to
measure and record CO levels from every minute for five minutes to every thirty
seconds for ninety seconds;

(8) to
modify the alternative condition by which equipment fails under 196 C. S. R. §1-21, to omit the reference to the
average CO reading for untreated exhaust gas is greater than twice the
baseline; and

(9) to
remove the requirement for eight hours of annual diesel equipment operator
refresher training separate from that required by MSHA regulations.

(a) The Board of Coal Mine
Health and Safety is continued, and commencing July 1, 2010, is a separate
independent board within the Department of Commerce. The board consists of six
voting members and one ex officio, nonvoting member who are residents of this
state, and who are appointed as follows:

(1) The Governor shall
appoint, by and with the advice and consent of the Senate, three members to
represent the viewpoint of those operators in this state. When such members are
to be appointed, the Governor shall request from the major trade association
representing operators in this state a list of three nominees for each such
position on the board. All such nominees shall be persons with special
experience and competence in health and safety. There shall be submitted with
such list a summary of the qualifications of each nominee. If the full lists of
nominees are submitted in accordance with the provisions of this subdivision,
the Governor shall make the appointments from the persons so nominated. For
purposes of this subdivision, the major trade association representing
operators in this state is that association which represents operators
accounting for over one half of the coal produced in mines in this state in the
year prior to the year in which the appointment is to be made.

(2) The Governor shall
appoint, by and with the advice and consent of the Senate, three members who
can reasonably be expected to represent the viewpoint of the working miners of
this state. When members are to be appointed, the Governor shall request from
the major employee organization representing coal miners within this state a
list of three nominees for each position on the board. The highest ranking
official within the major employee organization representing coal miners within
this state shall submit a list of three nominees for each such position on the
board. The nominees shall have a background in health and safety. The Governor
shall make the appointments from the requested list of nominees.

(3) All appointments made
by the Governor under the provisions of subdivisions (1) and (2) of this
subsection shall be with the advice and consent of the Senate; and

(4) The Director of the
Office of Miners’ Health, Safety and Training or his or her designee shall
serve as an ex officio, nonvoting member.

(b) Members serving on the
board on July 1, 2010January 1, 2018, mayshall continue
to serve until the expiration of their terms. The term is three years. Members
are eligible for reappointment.

(c) Commencing on July
1, 2017, the board shall assume all powers and responsibilities of the Board of
Miners’ Training, Education and Certification established pursuant to article
seven of this chapter, the mine inspectors’ examining board established
pursuant to article nine of this chapter, and the Mine Safety Technology Task Force
established pursuant to article eleven of this chapter.

(c)(d) The Governor shall appoint, subject to the
approval of a majority of the members of the board appointed under subdivisions
(1) and (2), subsection (a) of this section, a Health and Safety Administrator
in accordance with the provisions of section six of this article, who shall
certify all official records of the board. The Health and Safety Administrator
shall be a full-time officer of the Board of Coal Mine Health and Safety with
the duties provided for in section six of this article. The Health and Safety
Administrator shall have such education and experience as the Governor deems
necessary to properly investigate areas of concern to the board in the
development of rules governing mine health and safety. The Governor shall
appoint as Health and Safety Administrator a person who has an independent and
impartial viewpoint on issues involving mine safety. The Health and Safety
Administrator shall be a person who has not been during the two years
immediately preceding appointment, and is not during his or her term, an
officer, trustee, director, substantial shareholder, contractor, consultant or
employee of any coal operator, or an employee or officer of an employee
organization or a spouse of any such person. The Health and Safety
Administrator shall have the expertise to draft proposed rules and shall
prepare such rules as are required by this code and on such other areas as will
improve coal mine health and safety.

(d)(e) The board shall meet at least once during
each calendar month, or more often as may be necessary, and at other times upon
the call of the chair, or upon the request of any three members of the board.
Under the direction of the board, the Health and Safety Administrator shall
prepare an agenda for each board meeting giving priority to the promulgation of
rules as may be required from time to time by this code, and as may be required
to improve coal mine health and safety. The Health and Safety Administrator
shall provide each member of the board with notice of the meeting and the
agenda as far in advance of the meeting as practical, but in any event, at
least five days prior thereto. No meeting of the board shall be conducted
unless said notice and agenda are given to the board members at least five days
in advance, as provided herein, except in cases of emergency, as declared by
the director, in which event members shall be notified of the board meeting and
the agenda: Provided, That upon agreement of a majority of the quorum
present, any scheduled meeting may be ordered recessed to another day certain
without further notice of additional agenda.

When proposed rules are to
be finally adopted by the board, copies of such proposed rules shall be
delivered to members not less than five days before the meeting at which such
action is to be taken. If not so delivered, any final adoption or rejection of
rules shall be considered on the second day of a meeting of the board held on
two consecutive days, except that by the concurrence of at least four members
of the board, the board may suspend this rule of procedure and proceed
immediately to the consideration of final adoption or rejection of rules. When
a member fails to appear at three consecutive meetings of the board or at one
half of the meetings held during a one-year period, the Health and Safety
Administrator shall notify the member and the Governor of such fact. Such
member shall be removed by the Governor unless good cause for absences is
shown.

(e)(f) Whenever a vacancy on the board occurs,
nominations and appointments shall be made in the manner prescribed in this
section: Provided, That in the case of an appointment to fill a vacancy,
nominations of three persons for each such vacancy shall be requested by and
submitted to the Governor within thirty days after the vacancy occurs by the
major trade association or major employee organization, if any, which nominated
the person whose seat on the board is vacant. The vacancy shall be filled by
the Governor within thirty days of his or her receipt of the list of
nominations.

(f)(g) A quorum of the board is four members
which shall include at least two members representing the viewpoint of
operators and at least two members representing the viewpoint of the working
miners, and the board may act officially by a majority of those members who are
present, except that no vote of the board may be taken unless all six voting
members are present.

§22A-6-4. Board powers
and duties.

(a) The board shall adopt
as standard rules the “coal mine health and safety provisions of this chapter”.
Such standard rules and any other rules shall be adopted by the board without
regard to the provisions of chapter twenty-nine-a of this code. The Board of
Coal Mine Health and Safety shall devote its time toward promulgating rules in
those areas specifically directed by this chapter and those necessary to
prevent fatal accidents and injuries.

(b) The board shall review
such standard rules and, when deemed appropriate to improve or enhance coal
mine health and safety, revise the same or develop and promulgate new rules
dealing with coal mine health and safety.

(c) The board shall develop,
promulgate and revise, as may be appropriate, rules as are necessary and proper
to effectuate the purposes of article two of this chapter and to prevent the
circumvention and evasion thereof, all without regard to the provisions of
chapter twenty-nine-a of this code:

(1) Upon consideration of
the latest available scientific data in the field, the technical feasibility of
standards, and experience gained under this and other safety statutes, such
rules may expand protections afforded by this chapter notwithstanding specific
language therein, and such rules may deal with subject areas not covered by
this chapter to the end of affording the maximum possible protection to the
health and safety of miners.

(2) No rules promulgated by
the board shall reduce or compromise the level of safety or protection afforded
miners below the level of safety or protection afforded by this chapter.

(3) Any miner or
representative of any miner, or any coal operator has the power to petition the
Circuit Court of Kanawha County for a determination as to whether any rule
promulgated or revised reduces the protection afforded miners below that
provided by this chapter, or is otherwise contrary to law: Provided,
That any rule properly promulgated by the board pursuant to the terms and
conditions of this chapter creates a rebuttable presumption that said rule does
not reduce the protection afforded miners below that provided by this chapter.

(4) The director shall
cause proposed rules and a notice thereof to be posted as provided in section
eighteen, article one of this chapter. The director shall deliver a copy of
such proposed rules and accompanying notice to each operator affected. A copy
of such proposed rules shall be provided to any individual by the director’s
request. The notice of proposed rules shall contain a summary in plain language
explaining the effect of the proposed rules.

(5) The board shall afford
interested persons a period of not less than thirty days after releasing
proposed rules to submit written data or comments. The board may, upon the
expiration of such period and after consideration of all relevant matters
presented, promulgate such rules with such modifications as it may deem
appropriate.

(6) On or before the last
day of any period fixed for the submission of written data or comments under subdivision
(5) of this section, any interested person may file with the board written
objections to a proposed rule, stating the grounds therefor and requesting a
public hearing on such objections. As soon as practicable after the period for
filing such objections has expired, the board shall release a notice specifying
the proposed rules to which objections have been filed and a hearing requested.

(7) Promptly after any such
notice is released by the board under subdivision (6) of this section, the
board shall issue notice of, and hold a public hearing for the purpose of
receiving relevant evidence. Within sixty days after completion of the
hearings, the board shall make findings of fact which shall be public, and may
promulgate such rules with such modifications as it deems appropriate. In the
event the board determines that a proposed rule should not be promulgated or
should be modified, it shall within a reasonable time publish the reasons for
its determination.

(8) All rules promulgated
by the board shall be published in the State Register and continue in effect
until modified or superseded in accordance with the provisions of this chapter.

(d) To carry out its duties
and responsibilities, the board is authorized to employ such personnel,
including legal counsel, experts and consultants, as it deems necessary. In
addition, the board, within the appropriations provided for by the Legislature,
may conduct or contract for research and studies and is entitled to the use of
the services, facilities and personnel of any agency, institution, school,
college or university of this state.

(e) The director shall
within sixty days of a coal mining fatality or fatalities provide the board
with all available reports regarding such fatality or fatalities.

The board shall review all
reports and any recommended rules submitted by the director, receive any
additional information it requests, and may, on its own initiative, investigate
the circumstances surrounding a coal mining fatality or fatalities and
ascertain the cause or causes of such coal mining fatality or fatalities. In
order to investigate a coal mining fatality or fatalities, a majority of the
board must vote in favor of commencing an investigation. Within ninety days of
the receipt of the Federal Mine Safety and Health Administration’s fatal
accident report and the director’s report and recommended rules, the board
shall review and consider the presentation of said report and rules and the
results of its own investigation, if any, and, if a majority of all voting
board members determines that additional rules can assist in the prevention of
the specific type of fatality, the board shall either accept and promulgate the
director’s recommended rules, amend the director’s recommended rules or draft
new rules as are necessary to prevent the recurrence of such fatality. If the
board chooses to amend the director’s recommended rules or draft its own rules,
a vote is required within one hundred twenty days as to whether to promulgate
the amended rule or the rule drafted by the board: Provided, That the
board may, by majority vote, find that exceptional circumstances exist and the
deadline cannot be met: Provided, however, That under no
circumstances shall such deadline be extended by more than a total of ninety
days. A majority vote of the board is required to promulgate any such rule.

The board shall annually,
not later than July 1, review the major causes of coal mining injuries during
the previous calendar year, reviewing the causes in detail, and shall
promulgate such rules as may be necessary to prevent the recurrence of such
injuries.

Further, the board shall,
on or before January 10, of each year, submit a report to the Governor,
President of the Senate and Speaker of the House, which report shall include,
but is not limited to:

(1) The number of
fatalities during the previous calendar year, the apparent reason for each
fatality as determined by the Office of Miners’ Health, Safety and Training and
the action, if any, taken by the board to prevent such fatality;

(2) Any rules promulgated
by the board during the last year;

(3) What rules the board
intends to promulgate during the current calendar year;

(4) Any problem the board
is having in its effort to promulgate rules to enhance health and safety in the
mining industry;

(5) Recommendations, if
any, for the enactment, repeal or amendment of any statute which would cause
the enhancement of health and safety in the mining industry;

(6) Any other information
the board deems appropriate;

(7) In addition to the
report by the board, as herein contained, each individual member of said board
has right to submit a separate report, setting forth any views contrary to the
report of the board, and the separate report, if any, shall be appended to the
report of the board and be considered a part thereof.

(a) The Governor shall
appoint the Health and Safety Administrator of the board for a term of
employment of one year.,and the Health and Safety Administrator
employed on January 1, 2018 shall complete a one year term unless he or she is
determined to have committed misfeasance, malfeasance or nonfeasance as
referenced herein. The Health and Safety Administrator shall be entitled to
have his or her contract of employment renewed on an annual basis except where
such renewal is denied for cause: Provided, That the Governor has the
power at any time to remove the Health and Safety Administrator for
misfeasance, malfeasance or nonfeasance: Provided, however, That the
board has the power to remove the Health and Safety Administrator without cause
upon the concurrence of five members of the board.

(b) The Health and Safety
Administrator shall work at the direction of the board, independently of the
Director of the Office of Miners’ Health, Safety and Training and has such authority
and shall perform such duties as may be required or necessary to effectuate
this article.

(c) In addition to the
Health and Safety Administrator, there shall be such other employees hired by
the Health and Safety Administrator as the board determines to be necessary.
The Health and Safety Administrator shall provide supervision and direction to
the other employees of the board in the performance of their duties.

(d) The employees of the
board shall be compensated at rates determined by the board. The salary of the
Health and Safety Administrator shall be fixed by the Governor: Provided,
That the salary of the Health and Safety Administrator shall not be reduced
during his or her annual term of employment or upon the renewal of his or her
contract for an additional term. Such salary shall be fixed for any renewed
term at least ninety days before the commencement thereof.

(e) (1) Appropriations for
the salaries of the Health and Safety Administrator and any other employees of
the board and for necessary office and operating expenses shall be made to a
budget account established for those purposes in the General Revenue Fund. Such
account shall be separate from any accounts or appropriations for the Office of
Miners’ Health, Safety and Training.

(2) Expenditures from the
funds established in section three hundred ten, article two-a; section seven,
article six; section four, article seven; section three, article eleven of this
chapter shall be by the Health and Safety Administrator for administrative and
operating expenses, such operating expenses include mine health and safety,
research, education and training programs as determined by the entities.

(f) The Health and Safety
Administrator shall review all coal mining fatalities and major causes of
injuries as mandated by section four of this article. An analysis of such
fatalities and major causes of injuries shall be prepared for consideration by
the board within ninety days of the occurrence of the accident.

(g) At the direction of the
board, the administrator shall also conduct an annual study of occupational
health issues relating to employment in and around coal mines of this state and
submit a report to the board with findings and proposals to address the issues
raised in such study. The administrator is responsible for preparing the annual
reports required by subsection (e), section four of this article and section
nine of this article.

(h) The administrator shall
provide administrative assistance to the West Virginia Diesel Commission, The
State Coal Mine Safety and Technical Review Committee, Board of Coal Mine
Health and Safety, Board of Miner Training, Education and Certification, and
the Mine Safety Technology Task Force, and serve as the legislative liaison
for budgetary issues. The Administrator shall serve as an ex officio,
nonvoting member on the West Virginia Diesel Commission, The State Coal
Mine Safety and Technical Review Committee, Board of Miner Training,
Education and Certification, and the Mine Safety Technology Task Force.

(i) The administrator shall
submit to each board or commission for its approval, the proposed budget of the
board or commission before submitting it to the Secretary of Revenue.

(j) The administrator
shall prepare and submit to the Director of the Office of Miners’ Health,
Safety and Training, no less than on a quarterly basis, a report that
summarizes the coal mine health and safety standard rules under consideration
by the Board of Coal Mine Health and Safety, as well as the meetings and
meeting agendas of the board.

ARTICLE 7. BOARD OF
MINER TRAINING, EDUCATION AND CERTIFICATION.

§22A-7-2. Board
of Miner Training, Education and Certification abolished and duties imposed
upon the Board of Coal Mine Health and Safety.

The Legislature hereby
finds and declares that:

(a) The continued
prosperity of the coal industry is of primary importance to the State of West
Virginia;

(b) The highest priority
and concern of this Legislature and all in the coal mining industry must be the
health and safety of the industry’s most valuable resource - the miner;

(c) A high priority must
also be given to increasing the productivity and competitiveness of the mines
in this State;

(d) An inordinate number of
miners, working on both the surface in surface mining and in and at underground
mines, are injured during the first few months of their experience in a mine;

(e) These injuries result
in the loss of life and serious injury to miners and are an impediment to the
future growth of West Virginia’s coal industry;

(f) Injuries can be avoided
through proper miner training, education and certification;

(g) Mining is a technical
occupation with various specialties requiring individualized training and
education; and

(4) Direct the Director of
the Office of Miners’ Health, Safety and Training to apply and implement the
standards set by the Board of Miner Training, Education and Certification Coal
Mine Health and Safety by establishing programs for miner and prospective
miner education and training; and

(5) Provide for a program
of continuing miner education for all categories of certified miners.

§22A-7-3. Definitions.

Unless the context in which
a word or phrase appears clearly requires a different meaning, the words
defined in section two, article one of this chapter have when used in this
article the meaning therein assigned to them. These words include, but are not
limited to, the following: Office, director, mine inspector, operator, miner,
shotfirer and certified electrician.

“Board” means the Board of Miner
Training, Education and Certification Coal Mine Health and Safety
established by section four of this article.

“Mine” means any mine,
including a “surface mine,” as that term is defined in section three, article
three, chapter twenty-two of this code, and in section two, article four of
said chapter; and a “mine” as that term is defined in section two, article one
of this chapter.

§22A-7-5. Board powers and dutiesAdditional
powers and duties of the Board of Coal Mine Health and Safety.

(a) The board shall
establish criteria and standards for a program of education, training and
examination to be required of all prospective miners and miners prior to their
certification in any of the various miner specialties requiring certification
under this article or any other provision of this code. The specialties
include, but are not limited to, underground miner, surface miner, apprentice,
underground mine foreman-fire boss, assistant underground mine foreman-fire
boss, shotfirer, mine electrician and belt examiner. Notwithstanding the
provisions of this section, the director may by rule further subdivide the
classifications for certification.

(b) The board may require
certification in other miner occupational specialties: Provided, That no
new specialty may be created by the board unless certification in a new
specialty is made desirable by action of the federal government requiring
certification in a specialty not enumerated in this code.

(c) The board may establish
criteria and standards for a program of preemployment education and training to
be required of miners working on the surface at underground mines who are not
certified under the provisions of this article or any other provision of this
code.

(d) The board shall set
minimum standards for a program of continuing education and training of
certified persons and other miners on an annual basis: Provided, That
the standards shall be consistent with the provisions of section seven of this
article. Prior to issuing the standards, the board shall conduct public
hearings at which the parties who may be affected by its actions may be heard.
The education and training shall be provided in a manner determined by the
director to be sufficient to meet the standards established by the board.

(e) The board may, in
conjunction with any state, local or federal agency or any other person or
institution, provide for the payment of a stipend to prospective miners
enrolled in one or more of the programs of miner education, training and
certification provided in this article or any other provision of this code.

(f) The board may also,
from time to time, conduct any hearings and other oversight activities required
to ensure full implementation of programs established by it.

(g) Nothing in this article
empowers the board to revoke or suspend any certificate issued by the Director
of the Office of Miners’ Health, Safety and Training.

(h) The board may, upon its
own motion or whenever requested to do so by the director, consider two
certificates issued by this State to be of equal value or consider training
provided or required by federal agencies to be sufficient to meet training and
education requirements set by it, the director, or by the provisions of this
code.

(i) As part of the annual
training required by this section, the board shall include training of
certified persons and other miners, instruction on miners’ rights as they
relate to the operation of unsafe equipment as provided in section seventy-one,
article two of this chapter, his or her right to withdrawal from unsafe
conditions as provided in section seventy-one-a of article two of this chapter
and his or her rights under section twenty-two, article one of this chapter.

§22A-7-5a. Study of miner training and education.

The boardBoard of
Coal Mine Health and Safety is directed to conduct a study of the overall
program of education, training and examination associated with the various
miner specialties requiring certification under this article or any other
provision of this code. The study shall identify ways to enhance miner
education and training to adequately reflect technological advances in coal
mining techniques and best practices used in modern coal mines, and improve
supervision of apprentice miners. Furthermore, the board shall place particular
emphasis in its study on ways to improve education and training in the areas of
proper mine ventilation, methane monitoring and equipment deenergization,
fire-boss procedures and overall core mining competencies. By December 31,
2012, the board shall report to the Legislature’s Joint Committee on Government
and Finance with recommendations regarding the implementation of the findings
of this study.

(a) An
underground mine foreman-fire boss certified pursuant to this article on or
after the effective date of this section shall complete the continuing
education requirements in this section within two years of their certification
and every two years thereafter. The continuing education requirements of this
section may not be satisfied by the completion of other training requirements
mandated by the provisions of this chapter.

(b) In
order to receive continuing education credit pursuant to this section, a mine
foreman-fire boss shall satisfactorily complete a mine foreman-fire boss
continuing education course approved by the board and taught by a qualified
instructor approved by the director. The mine foreman-fire boss shall not
suffer a loss in pay while attending a continuing education course. The mine
foreman-fire boss shall submit documentation to the office certified by the
instructor that indicates the required continuing education has been completed
prior to the deadlines set forth in this subsection: Provided, That a
mine foreman-fire boss may submit documentation of continuing education
completed in another state for approval and acceptance by the board.

(c) The
mine foreman-fire boss shall complete at least eight hours of continuing
education every two years.

(d) The
content of the continuing education course shall include, but not be limited
to:

(2)
Selected provisions of the West Virginia and federal underground coal mine
health and safety rules and regulations;

(3) The
responsibilities of a mine foreman-fire boss;

(4)
Selected policies and memoranda of the Office of Miners’ Health, Safety and
Training, the Board of Coal Mine Health and Safety, the board of Miner
Training, Education and Certification, and from any safety analysis
performed by the company;

(5) A
review of fatality and accident trends in underground coal mines; and

(6) Other
subjects as determined by the board of Miner Training, Education and
Certification. The board shall solicit input from mining companies on the
substance of the training and discuss how the training shall be scheduled
during the year.

(f) A
mine foreman-fire boss who fails to complete the requirements of this section
shall have his or her certification suspended pending completion of the
continuing education requirements. During the pendency of the suspension, the
individual may not perform statutory duties assigned to a mine foreman-fire
boss under West Virginia law. The office shall send notice of any suspension to
the last address the certified mine foreman-fire boss reported to the director.
If the requirements are not met within two years of the suspension date, the
director may file a petition with the Board of Appeals pursuant to the
procedures set forth in section thirty-one, article one of this chapter and,
upon determining that the requirements have not been met, the Board of Appeals
may revoke the mine foreman-fire boss’ certification, which shall not be
renewed except upon successful completion of the examination prescribed by law
for mine foremen-fire bosses or upon completion of other training requirements
established by the board: Provided, That an individual having his or her
mine foreman-fire boss certification suspended pursuant to this section who
also holds a valid mine foreman-fire boss certification from another state may
have the suspension lifted by completing training requirements established by
the board.

(g) The
office shall make a program of instruction that meets the requirements for
continuing education set forth in this section regularly available in regions
of the State, based on demand, for individuals possessing mine foreman-fire
boss certifications who are not serving in a mine foreman-fire boss capacity: Provided,
That the office may collect a fee from program participants to offset the cost
of the program.

(h) The
office shall make available to operators and other interested parties a list of
individuals whose mine foreman-fire boss certification is in suspension or has
been revoked.

The Mine Inspectors’
Examining Board is continued. It consists of five members who, except for the
public representative on such board, shall be appointed by the Governor, by and
with the advice and consent of the Senate. Members so appointed may be removed
only for the same causes and in like manner as elective state officers. One of
the members of the board shall be a representative of the public, who shall be
the Director of the School of Mines at West Virginia University. Two members of
the board shall be persons who by reason of previous training and experience
may reasonably be said to represent the viewpoint of coal mine operators and
two members shall be persons who by reason of previous training and experience
may reasonably be said to represent the viewpoint of coal mine workers.

The Director of the
Office of Miners’ Health, Safety and Training is an ex officio member of the
board and shall serve as secretary of the board, without additional
compensation; but the director has no right to vote with respect to any matter
before the board.

The members of the
board, except the public representative, shall be appointed for overlapping
terms of eight years, except that the original appointments shall be for terms
of two, four, six and eight years, respectively. Any member whose term expires
may be reappointed by the Governor. Members serving on the effective date of
this article may continue to serve until their terms expire.

Each member of the board
shall be paid the same compensation, and each member of the board shall be paid
the expense reimbursement, as is paid to members of the Legislature for their
interim duties as recommended by the Citizens Legislative Compensation
Commission and authorized by law for each day or portion thereof engaged in the
discharge of official duties. Any such amounts shall be paid out of the State
Treasury upon a requisition upon the State Auditor, properly certified by such
members of the board.

The public member is
chair of the board. Members of the board, before performing any duty, shall
take and subscribe to the oath required by section 5, article IV of the
Constitution of West Virginia.

The Mine Inspectors’
Examining Board shall meet at such times and places as shall be designated by
the chair. It is the duty of the chair to call a meeting of the board on the
written request of three members or the Director of the Office of Miners’
Health, Safety and Training. Notice of each meeting shall be given in writing
to each member by the secretary at least five days in advance of the meeting. Three
members is a quorum for the transaction of business.

The Mine Inspectors’
Examining Board is hereby abolished. All duties and responsibilities imposed
upon the Mine Inspectors’ Examining Board are transferred and hereby imposed
upon the Board of Coal Mine Health and Safety. On the effective date of the
reenactment of this article and section of the code, all equipment and records
necessary to effectuate the purposes of this article shall be transferred to
the Board of Coal Mine Health and Safety.

In addition to other duties
expressly set forth elsewhere in this article, the boardBoard of
Coal Mine Health and Safety shall:

(1) Establish, and from
time to time, revise forms of application for employment as mine inspectors,
which shall include the applicant’s social security number, and forms for
written examinations to test the qualifications of candidates for that
position;

(2) Adopt and promulgate
reasonable rules relating to the examination, qualification and certification
of candidates for appointment as mine inspectors, and hearing for removal of
inspectors, required to be held by section twelve, article one of this chapter.
All of such rules shall be printed and a copy thereof furnished by the
secretary of the board to any person upon request. The board shall determine
whether applicants have the necessary experience to take the mine inspector
examination, and the examination of candidates for appointment as a mine
inspector shall be conducted by the board and it shall rank all applicants;

(3) Conduct, after
public notice of the time and place thereof, examinations of candidates for
appointment as mine inspector. By unanimous agreement of all members of the
board, one or more members of the board or an employee of the office of miners’
health, safety and training may be designated to give a candidate the written
portion of the examination;

(4) (3) Prepare
and certify to the Director of the Office of Miners’ Health, Safety and Training
a register of qualified eligible candidates for appointment as mine inspectors.
The register shall list all qualified eligible candidates in the order of their
grades, the candidate with the highest grade appearing at the top of the list. After
each meeting of the board held to examine such candidates, and at least
annually, the board shall prepare and submit to the Director of the Office of
Miners’ Health, Safety and Training a revised and corrected register of
qualified eligible candidates for appointment as mine inspector, deleting from
such revised register all persons: (a) Who are no longer residents of West
Virginia; (b) who have allowed a calendar year to expire without, in writing,
indicating their continued availability for such appointment; (c) who have been
passed over for appointment for three years; (d) who have become ineligible for
appointment since the board originally certified that such person was qualified
and eligible for appointment as mine inspector; or (e) who, in the judgment of at
least four members of the boardthe board, should be removed from
the register for good cause by the board;

(5) Cause the secretary
of the board to (4) The board
shall keep and preserve the written
examination papers, manuscripts, grading sheets, and other papers of all
applicants for appointment as mine inspector for such period of time as may
be established by the boarda period of two years. Specimens of the
examinations given, together with the correct solution of each question, shall
be preserved permanently by the secretary of the board;

(6) Issue(5) The board shall issue a letter or written
notice of qualification to each successful eligible candidate;

(7) Hear(6) The Board of Coal Mine Health and Safety shall
hear and determine proceedings for the removal of mine inspectors in
accordance with the provisions of this article;

(8) Hear(7) The board shall hear and determine appeals
of mine inspectors from suspension orders made by the director pursuant to the
provisions of section four, article one of this chapter: Provided, That
an aggrieved inspector, in order to appeal from any order of suspension, shall
file such appeal in writing with the mine inspectors’ examining boardBoard
of Coal Mine Health and Safety not later than ten days after receipt of
notice of suspension. On such appeal the board shall affirm the act of the director
unless it be satisfied from a clear preponderance of the evidence that the
director has acted arbitrarily;

(9) Make (8) The board and office shall make an annual report to the Governor and the director
concerning the administration of mine inspection personnel in the state
service, making such recommendations as the board considers to be in the public
interest.

ARTICLE 11. MINE SAFETY TECHNOLOGY.

§22A-11-1. Legislative findings, purposes and intent.

The Legislature hereby finds and declares:

(1) That the first priority and concern of all persons in
the coal mining industry must be the health and safety of its most precious
resource - the miner;

(2) That in furtherance of this priority, the provisions of
article two of this chapter are designed to protect the health and safety of
this State’s coal miners by requiring certain minimum standards for, among
other things, certain health and safety technology used by each underground
miner;

(3) That the proper implementation of this technology in
West Virginia’s underground mines would benefit from the specialized oversight
of persons with experience and competence in coal mining, coal mine health and
safety and the expanding role of technology; and

(4) That, in furtherance of provisions of this section, it
is the intent of the Legislature to create a permanent task force which,direct that the Board of Coal Mine Health and Safety, on a continuous
basis, shall evaluate and study issues relating to the commercial
availability and functional and operational capability of existing and emerging
technologies in coal mine health and safety, as well as issues relating to the
implementation, compliance and enforcement of regulatory requirements governing
the technologies.

(a) The Mine Safety Technology Task Force is continued,
and commencing July 1, 2010, is a separate independent task force within the
Department of Commerce hereby abolished. All duties and responsibilities
imposed upon the Mine Safety Technology Task Force are transferred and hereby
imposed upon the Board of Coal Mine Health and Safety. On the effective date of
the reenactment of this article and section of the code, all equipment and
records necessary to effectuate the purposes of this article shall be
transferred to the Board of Coal Mine Health and Safety.

(b) The task force shall consist of seven voting
members and two ex officio, nonvoting members who are appointed as specified in
this section:

(1) The Governor shall appoint, by and with the advice
and consent of the Senate, three members to represent the viewpoint of
operators in this state. When these members are to be appointed, the Governor
shall request from the major trade association representing operators in this
state a list of three nominees for each position on the task force. All
nominees shall be persons with special experience and competence in coal mine
health and safety. There shall be submitted with the list, a summary of the
qualifications of each nominee. For purposes of this subdivision, the major
trade association representing operators in this state is that associationwhich
represents operators accounting for over one half of the coal produced in mines
in this state in the year prior to the year in which the appointment is to be
made.

(2) The Governor shall appoint, by and with the advice
and consent of the Senate, three members who can reasonably be expected to
represent the viewpoint of the working miners of this state. When members are
to be appointed, the Governor shall request from the major employee
organization representing coal miners within this state a list of three
nominees for each position on the task force. The highest ranking official
within the major employee organization representing coal miners within this
state shall submit a list of three nominees for each position on the board. The
nominees shall have a background in coal mine health and safety.

(3) The Governor shall appoint, by and with the advice
and consent of the Senate, one certified mine safety professional from the
College of Engineering and Mineral Resources at West Virginia University;

(4) The Health and Safety Administrator, pursuant to
section six, article six of this chapter, shall serve as a member of the task
force as an ex officio, nonvoting member; and

(5) The Director of the Office of Miner’s Health, Safety
and Training or his or her designee, shall serve as an ex officio, nonvoting
member.

(c) Each appointed member of the task force shall serve
at the will and pleasure of the Governor.

(d) Whenever a vacancy on the task force occurs,
nominations and appointments shall be made in the manner prescribed in this
section: Provided, That in the case of an appointment to fill a vacancy,
nominations of three persons for each vacancy shall be requested by and
submitted to the Governor within thirty days after the vacancy occurs by the
major trade association or major employee organization, if any, which nominated
the person whose seat on the task force is vacant.

(e) Each member, except ex officio members, of the task
force shall be paid the samecompensation, and each member of the task
force shall be paid the same expense reimbursement, as is paid to members of
the Legislature for their interim duties as recommended by the Citizens
Legislative Compensation Commission and authorized by law for each day or portion
thereof engaged in the discharge of official duties. In the event the expenses
are paid by a third party, the member shall not be reimbursed by the state. The
reimbursement shall be paid out of the State Treasury upon a requisition upon
the State Auditor, properly certified by the Office of Miners’ Health, Safety
and Training. An employer shall not prohibit a member of the task force from
exercising leave of absence from his or her place of employment in order to
attend a meeting of the task force or a meeting of a subcommittee of the task
force, or to prepare for a meeting of the task force, any contract of
employment to the contrary notwithstanding.

(a) The task forceboard
shall provide technical and other assistance to the office related to the
implementation of the new technological requirements set forth in the
provisions of section fifty-five, article two of this chapter, as amended and
reenacted during the regular session of the Legislature in 2006 and
requirements for other mine safety technologies.

(b) The task forceboard,
working in conjunction with the director, shall continue to study issues
regarding the commercial availability, the functional and operational capability
and the implementation, compliance and enforcement of the following protective
equipment:

(1) Self-contained
self-rescue devices, as provided in subsection (f), section fifty-five, article
two of this chapter;

(4) Market forces impacting
the development of new technologies, including issues regarding the costs of
research and development, regulatory certification and incentives designed to
stimulate the marketplace.

(d) On or before July 1 of
each year, the task forceboard shall submit a report to the
Governor and the board of Coal Mine Health and Safety director
that shall include, but not be limited to:

(1) A comprehensive overview
of issues regarding the implementation of the new technological requirements
set forth in the provisions of section fifty-five, article two of this chapter,
or rules promulgated in accordance with the law;

(2) A summary of any
emerging technological advances that would improve coal mine health and safety;

(3) Recommendations, if
any, for the enactment, repeal or amendment of any statute which would enhance
technological advancement in coal mine health and safety; and

(4) Any other information
the task forceboard considers appropriate.

(e) In performing its
duties, the task forceboard shall, where possible, consult with,
among others, mine engineering and mine safety experts, radio communication and
telemetry experts and relevant state and federal regulatory personnel.

(f) Appropriations to the task
force commissionboard and to effectuate the purposes of this
article shall be made to one or more budget accounts established for that
purpose.

(g) The task forceboard
shall annually compile a proposed list of approved innovative mine safety
technologies and transmit the list to the Director of the Office of Miners’
Health, Safety and Training as provided in section four, article thirteen-bb,
chapter eleven of this code. The list shall be approved by unanimous vote of
the task forceboard.

§22A-11-4. Approval of devices.

Prior to approving any
protective equipment or device that has been evaluated by the task forceboard pursuant to the provisions of subsection (b), section three of
this article, the director shall consult with the task forceboard
and review any applicable written reports issued by the task forceboard
and the findings set forth in the reports and shall consider the findings in
making any approval determination.

§22A-11-5. Existing state rules to
be revised.

By August 31, 2017, all existing
state rules promulgated pursuant to the authority of this chapter shall be
revised to reflect the changes in this chapter enacted by the Legislature
during the 2017 regular session.

NOTE: This bill generally relates to coal mining, coal mine
safety and environmental protection. The purpose of this bill is to provide that moneys be paid
from special reclamation water trust fund to assure a reliable source of
capital and operating expenses for the treatment of discharges from forfeited
sites. The bill modifies notification requirements for preblast surveys for
surface mining operations and certain other blasting activities, as well as
minimum bond requirements related to certain reclamation work. The bill
provides for changes to the method of plugging abandoned gas wells where a coal
operator intends to mine through the well. It also removes certain criteria
from evaluation for the narrative water quality standard. The bill authorizes
the elimination of the Board of Miner Training, Education and Certification,
the Mine Inspectors’ Examining Board, and the Mine Safety Technology Task
Force, and transfers the duties from those boards and task force to the Board
of Coal Mine Health and Safety. The bill provides that an automated external
defibrillator (AED) unit be required first-aid equipment located in certain
areas of an underground coal mine, and directs that the Office of Miners’
Health, Safety and Training revise state rules related to diesel equipment
operating in underground mines. Finally, the bill requires additional rulemaking.

Strike-throughs indicate language that would be stricken from a
heading or the present law and underscoring indicates new language that would
be added.